{"jurisdiction": "us-ny", "code": "cpl", "section": "270.10", "citation": "CPL § 270.10", "heading": "Trial jury; challenge to the panel", "text": ["§ 270.10  Trial jury; challenge to the panel.", "1.  A challenge to the panel is an objection made to the entire panel of prospective trial jurors returned for the term and may be taken to such panel or to any additional panel that may be ordered by the court. Such a challenge may be made only by the defendant and only on the ground that there has been such a departure from the requirements of the judiciary law in the drawing or return of the panel as to result in substantial prejudice to the defendant.", "2.  A challenge to the panel must be made before the selection of the jury commences, and, if it is not, such challenge is deemed to have been waived.  Such challenge must be made in writing setting forth the facts constituting the ground of challenge.  If such facts are denied by the people, witnesses may be called and examined by either party.  All issues of fact and law arising on the challenge must be tried and determined by the court.  If a challenge to the panel is allowed, the court must discharge that panel and order another panel of prospective trial jurors returned for the term."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/270.10", "from_official_api": true, "plain_english": "- A **challenge to the panel** attacks the *entire* group of prospective jurors returned for the term (not one person).\n- ★ **Only the defendant** can make it, and **only** on the ground that the drawing/return of the panel departed from the Judiciary Law so badly it caused **substantial prejudice** to the defendant.\n- ★ Timing: must be made **before jury selection starts** — otherwise it's **waived**. Must be **in writing** stating the facts.\n- If the People deny the facts, witnesses may be called. The **court** decides all issues of fact and law. If allowed, the court **discharges that panel** and orders a new one.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/270.10", "publisher": "Elyphived LLC"}